Subject of Possible Rule Making: Chapter 246-337 WAC, Residential treatment facility (RTF), revise and update rules to align with current law and industry practices.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.12.670.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RTF rules were adopted in 2005. Since that time, federal and state regulatory changes have occurred and services delivery models have been evolving. The department initiated rule making in September 2010 to begin updating the RTF rules to align with these changes. In 2011, legislation passed (SHB 1170) requiring triage facilities to be licensed as RTFs. The department will also evaluate current industry practices and determine whether rule making is necessary to establish minimum health and safety standards for new service models that may be operating as RTFs.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of social and health services, division of behavioral health and recovery, certifies treatment services for chemical dependency and mental health.

     The Washington state patrol, state fire marshall [marshal], inspects licensed RTFs.

     The department of early learning licenses childcare for RTFs providing treatment for parents accompanied by children.

     The RTFs must meet board of pharmacy and Drug Enforcement Administration requirements for handling controlled substances.

     The RTFs must meet board of health food services requirements.

     The department will collaborate and consult extensively with these agencies during this rules process.

     Process for Developing New Rule: Collaborative rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can participate in the updating of the rule and the decision to adopt the updated rule before publication by joining RESIDENTIAL TREATMENT@ LISTSERV http://listserv.wa.gov/cgi-bin/wa?AO=Residential and by contacting Barbara Runyon, Nursing Consultant Advisor, Health Professions and Facilities, 111 Israel Road S.E., Tumwater, WA 98501-7852, e-mail barbara.runyon@doh.wa.gov, phone (360) 236-2937, fax (360) 236-2321. The department will notify all licensees and organizations who have expressed an interest in rule-making activities. Interested parties may also submit written comments for consideration.

October 31, 2012

Mary C. Selecky

Secretary